HARRY HUGHES, Governor

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(3)  (I) A MEDIATOR MAY BE UTILIZED BY THE PARTIES IN
COLLECTIVE BARGAINING WHENEVER THE PARTIES MUTUALLY AGREE OR IF
AN IMPASSE EXISTS WHENEVER ONE PARTY REQUESTS MEDIATION.

(II) THE MEDIATOR SHALL BE SELECTED BY THE
PARTIES FROM A LIST SUPPLIED BY EITHER THE AMERICAN ARBITRATION
ASSOCIATION OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE.

(4)  (I) THE PARTIES BY MUTUAL AGREEMENT MAY ENGAGE IN
FACT-FINDING. IF THERE IS NOT MUTUAL AGREEMENT, EITHER PARTY AT
IMPASSE, MAY REQUEST THE APPOINTMENT OF A FACT FINDER TO INITIATE
FACT-FINDING. THE FACT FINDER SHALL BE SELECTED AS PROVIDED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH.

(II)  THE MNCPPC AND THE EXCLUSIVE
REPRESENTATIVE MAY SELECT THEIR OWN FACT FINDER FROM A LIST
SUPPLIED BY THE AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL
MEDIATION AND CONCILIATION SERVICE. IF THE PARTIES ARE UNABLE TO
REACH AGREEMENT ON FACT-FINDING, A FACT FINDER SHALL BE SELECTED
PURSUANT TO THE RULES OF THE AGENCY THAT PROVIDES THE LIST. THE
COST OF FACT-FINDING SHALL BE PAID EQUALLY BY MNCPPC AND THE
EMPLOYEE ORGANIZATION.

(III)  THE FACT FINDER SHALL CONDUCT HEARINGS
AND MAY ADMINISTER OATHS. THE FACT FINDER SHALL MAKE WRITTEN
FINDINGS OF FACT AND RECOMMENDATIONS FOR RESOLUTION OF THE
IMPASSE. NO LATER THAN 30 DAYS FROM THE DATE OF APPOINTMENT THE
FACT FINDER SHALL TRANSMIT THE FINDINGS TO THE MNCPPC AND THE
EXCLUSIVE REPRESENTATIVE. IF THE IMPASSE CONTINUES 10 DAYS AFTER
THE REPORT IS SUBMITTED TO THE PARTIES, THE REPORT SHALL BE MADE
AVAILABLE TO THE PUBLIC.

(IV)  COSTS OF FACT-FINDING SHALL BE BORNE
EQUALLY BY THE PARTIES.

(5)  EMPLOYEES MAY NOT ENGAGE IN A STRIKE.

(6)  IF A STRIKE OF EMPLOYEES OCCURS, A COURT OF
COMPETENT JURISDICTION MAY, UPON REQUEST OF THE MNCPPC, ENJOIN
THE STRIKE.

(7)  AN EMPLOYEE MAY NOT RECEIVE PAY OR COMPENSATION
FROM THE MNCPPC FOR ANY PERIOD DURING WHICH THE EMPLOYEE IS
ENGAGED IN A STRIKE.

(8)  IF AN EMPLOYEE ORGANIZATION CERTIFIED AS AN
EXCLUSIVE REPRESENTATIVE ENGAGES IN A STRIKE, ITS CERTIFICATION
AS EXCLUSIVE REPRESENTATIVE SHALL BE REVOKED BY THE COMMISSIONER,
AND THAT EMPLOYEE ORGANIZATION OR ANY OTHER EMPLOYEE ORGANIZATION
WHICH ENGAGES IN A STRIKE SHALL BE INELIGIBLE TO BE CERTIFIED AS
AN EXCLUSIVE REPRESENTATIVE FOR A PERIOD OF 1 YEAR FOLLOWING THE
END OF THE STRIKE.

(F) (1) A COLLECTIVE BARGAINING AGREEMENT SHALL BE EXECUTED
BY THE MNCPPC AND THE EXCLUSIVE REPRESENTATIVE INCORPORATING ANY